The political, social and economic environment within which the project is developed
The call for a new Constitution by the public in Tanzania is not new, it goes way back to 1961 after independence, the first demand was raised soon after Tanganyika got independence, the call for the change basically was based on the following grounds; the inherited Constitution was Based on the Westminster model, lacking the Bill of rights, Provided for a Governor General (representing the Queen of England as the Head of State) to rule Tanganyika by then. Furthermore the Constitution produced an Executive Prime Minister from the majority party in Parliament.
The second call for the change was in 1962 the concern was after the Republican Constitution was made whereby marked the beginning of the Presidential system, laid a foundation for ‘imperial presidency’, Combined in the president the powers of head of State, head of Government, all the previous powers of the Governor General and Prime Minister (Commander in Chief, part of Parliament, appointed Ministers, deputies and the Vice President). The President had several powers including chairing the Cabinet and dissolving the parliament. Also collective and individual responsibility of ministers and cabinet shifted from the National Assembly to the President, at the same time the Parliament could not under any circumstances impeach the President. The 1964 Constitutional change came after the union of Tanganyika and Zanzibar, the union came with 11 articles of union which were agreed by two leaders of Tanganyika and Zanzibar leaving the majority consensus, which are among the causes of union problems todate. Then came the 1965 Constitutional change which basically entrenched a single party political system however in reality there were two political parties TANU for Tanganyika and ASP for Zanzibar.
12 years after the 1965 Constitutional change it was noted that actually the amendment made violated the principles of one party system; there came a merging of two parties to be one Chama Cha Mapinduzi (CCM) which necessitated the making of the 1977 Constitution. The 1977 Constitution has undergone 14 amendments however all amendments did not take on board the public concerns, participation and therefore left excessive powers of the President.
1992 Tanzania switched back to multiparty political system, whereas different political parties participated in local and general elections, soon after 1995, 2000, 2005 and 2010 general elections there have been concerns and demands for new Constitutions resulted from poor elections management, Power of the President, Independence of the Electoral Commission, use of public resources just to mention a few. These are some of the people’s concerns to be addressed in the new Constitution.
In principle the willingness of the President to see the need to address the scourge came from the people’s demand as resulted from the 2010 general elections results, therefore President Jakaya Mrisho Kikwete announced during the 2011 New Year eve address that Tanzania as a nation need a new Constitution now after 50 years of independence. Addressing the nation President Kikwete insisted that he will form a Constitutional Review Commission to coordinate and supervise the Constitutional making process in Tanzania. In February 2011 the Prime Minister pronounced in the parliament that the government is bringing a Bill to parliament in April 2011 which will lay down the process and institutions to supervise the same.
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